Montgomery County District Attorney Brett Ligon declined to discuss the factors he considered in making his decision, saying he wanted to avoid pre-trial publicity.

"I'll let the notice speak for itself," Ligon said.

Authorities say McClain shot and killed 28-year-old Schuchardt on April 17 in the parking lot of Northwoods Pediatric Center in Spring before placing the woman's newborn, Keegan Schuchardt, in her car and speeding off.

Police located the 3-day-old infant, safe and unharmed, later that evening at McClain's home in Houston. The boy was with McClain's sister, police said.

McClain, who confessed to the shooting and kidnapping, told police she took the child in an attempt to cover up her miscarriage. She planned to tell her fiance that it was their baby.

Ligon said he consulted with Schuchardt's family before filing his intent to seek the death penalty. He said they were "100 percent on board."